NHRC asks Delhi Government to pay rupees one lakh as monetary relief in a case of death in judicial custody
New Delhi, February 6th, 2012
The National Human Rights Commission has set aside the contention of the Government of NCT, Delhi as untenable that an under trial prisoner Ashok Kumar, 21 years, who committed suicide by hanging himself on the 15th December, 2007 in Tihar Jail, was given appropriate treatment for his ailments and there seems to be no negligence on part of doctors on duty in jail.
The Commission has reiterated its observations that Ashok Kumar committed suicide while in custody of the State and the forensic expert on the panel of the Commission has opined that the deceased was not properly diagnosed and treated for his continuous ailment and on every visit to the hospital he was given symptomatic treatment by different doctors without taking into consideration the history of his physical illness. Thus, this is a clear case of medical negligence apart from lapse on part of jail officials that enabled the prisoner to commit suicide and therefore the State must bear the liability for breach of its duty to take care of the prisoner from doing any harm to himself.
The Commission has recommended that the Government of NCT Delhi pay a sum of rupees one lakh as monetary relief to the next of kin of the deceased, Ashok Kumar and has asked its Chief Secretary to report the compliance in the matter latest by the 25th of this month.
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